Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Marginal note:By-laws re land and resource use and planning

• 46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting

  • (a) the inventory, use and management of its Category IA-N land and the natural resources thereof;

  • (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and

  • (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits.

• Marginal note:Where plan approved by electors

  (2) Where a land use plan or resource use plan adopted pursuant to subsection (1) has been approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter, any by-law or resolution of the band, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency.

Marginal note:Zoning by-laws

• 47 (1) The band may make by-laws respecting zoning, including, without limiting the generality of the foregoing, by-laws respecting

  • (a) the division of all or part of its Category IA-N land into zones for the purpose of regulating the use of the land, natural resources thereof, and buildings; and

  • (b) the implementation of a land use plan or resource use plan referred to in subsection 46(1) that was approved by the electors of the band under subsection 46(2).

• Marginal note:Approval of band electors required

  (2) A zoning by-law other than one described in paragraph (1)(b) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least fifteen per cent of the electors vote on the matter.

Marginal note:By-laws on hunting, fishing, trapping, wildlife protection

• 48 (1) Subject to this section, the band may make by-laws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting

  • (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec);

  • (b) matters described in sections 85 and 86 of that Act;

  • (c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and

  • (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act.

• Marginal note:Proposed by-laws to be submitted to Coordinating Committee

  (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations.

• Marginal note:Exceptions

  (3) Subsection (2) does not apply in respect of a proposed by-law that

  • (a) has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

  • (b) makes no substantive change to an existing by-law.

• Marginal note:Approval of band electors required

  (4) A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter.

• Marginal note:Minister may disallow certain by-laws

  (5) A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it.

Marginal note:By-laws — ticketing scheme

• 48.1 (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those by-laws.

• Marginal note:Agreement with Government of Quebec

  (2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec.

Procedure for Making By-Laws and Resolutions

Marginal note:Approval by band electors may be stipulated

49 Where a by-law or resolution is not required by this Act to be approved by the electors of the band, the by-law or resolution may nevertheless provide that it does not come into force unless approved by the electors of the band at a special band meeting or referendum at which the minimum percentage of electors specified in the by-law or resolution vote on the matter.

Marginal note:Original to be signed

• 50 (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law.

• Marginal note:Minutes of council meetings

  (2) The minutes of a meeting of the band council are not valid unless adopted by the council by resolution and signed by

  • (a) the chairman of the meeting at which they are adopted; and

  • (b) the band secretary or such other person as is designated by by-law.

• Marginal note:Where approval of band electors required

  (3) Where a by-law or resolution is required to be approved by the electors of the band at a special band meeting or referendum, the band secretary

  • (a) in the case of a by-law, shall attach to the original copy of the by-law a statement signed by him indicating the date when such approval was given; or

  • (b) in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first council meeting following such approval.

• Marginal note:Non-compliance

  (4) Non-compliance with this section does not invalidate a by-law or resolution.

Marginal note:Coming into force of resolutions

• 51 (1) Subject to subsection (2), a resolution comes into force on the day on which it is adopted by the band or on such later day as is specified in the resolution.

• Marginal note:Idem

  (2) Where a resolution is required to be approved by the electors of the band at a special band meeting or referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution.

Marginal note:Posting of by-laws

• 52 (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band.

• Marginal note:Coming into force of by-laws

  (2) A by-law enacted by the band shall come into force on the day on which it is posted, whether or not it is posted within the time set out in subsection (1), or on such day, subsequent to the day on which it is posted, as may be specified in the by-law.

Marginal note:Register of by-laws

• 53 (1) The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all by-laws of the band, including by-laws that have been repealed or are no longer in force.

• Marginal note:Recording of resolutions

  (2) The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted.

• Marginal note:By-laws to be sent to Minister

  (3) Within thirty days after the coming into force of a by-law, the band shall forward a copy thereof to the Minister.

• Marginal note:Non-compliance

  (4) Non-compliance with this section does not affect the validity of a by-law or resolution.

Marginal note:Obtaining copies of by-laws and resolutions

54 Any person is entitled to obtain a copy of a by-law or resolution of the band on payment of such reasonable fee as is fixed by the band.

Challenges to By-Laws or Resolutions

Marginal note:Applications for quashing of by-law or resolution

• 55 (1) Subject to section 56, a member of the band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption.

• Marginal note:Exclusion of Federal Court’s jurisdiction

  (2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).

Marginal note:Time limit for applying

• 56 (1) An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution.

• Marginal note:Idem

  (2) An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution.

Marginal note:Subsequent actions

57 Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person.

Transitional

58 [Repealed, 2018, c. 4, s. 36]

58.1 [Repealed, 2018, c. 4, s. 36]

59 [Repealed, 2018, c. 4, s. 36]

60 [Repealed, 2018, c. 4, s. 36]

60.1 [Repealed, 2018, c. 4, s. 36]

Marginal note:Existing council of Indian Act Naskapi band

61 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first.